Critics are arguing that the Florida legislature’s passage of a state law originally vetoed by Gov. Charlie Crist in May could spell trouble for the ecology of Florida — specifically, its waters. #
The veto of House Bill 1565, which requires that any regulation with an impact of $1 million or more over five years be ratified by the legislature, was overridden during the legislature’s Nov. 16 special session. #
In a press release, Audubon of Florida Director Eric Draper expressed concern for the environmental consequences of the rule: #
This threshold for a Legislative ratification requirement is far too low in a state 600 miles long with 67 counties and 18 million people. When you do the math, it means that a regulation requiring only $2,985 in annual effort to implement or comply with in each county must be ratified by the Legislature. That means every meaningful rule will have to be ratified. #
On Nov. 11, Draper sent a pointed letter (.pdf) to House Speaker Dean Cannon, urging him to defer the override vote. The letter also spelled out, in not-so-subtle terms, the point of view of many environmental groups — that the true intent of H.B. 1565 is to give developers, lobbyists, and polluting industries the final say in environmental regulation: #
It is wrong to assume that health, safety and environmental rules are impediments to economic growth. Agency rules are necessary for those businesses who invest in delivering products and services while preserving public health and safety, and environmental protection. Are rules impediments to those who would engage in practices which harm these values? Absolutely. And it is these bad actors who will be most rewarded by HB 1565 for their desire to avoid the costs of public health and safety and environmental protection. #
The St. Johns Riverkeeper’s Jimmy Orth says that the override of Crist’s veto of H.B. 1565 is “really bad news” for Florida waters, specifically the St. Johns River. He says that St. Johns River Water Management District staff have told the Riverkeeper “they will probably not continue with the proposed water conservation rule enhancements, as a result of H.B. 1565.” #
“We were supportive of their efforts,” Orth says. “Ironically, this bill may also make it more likely that the feds have to step in and establish rules (like the numeric nutrient standards) because Florida doesn’t get the job done.” #
Teresa Monson, a communications specialist with the St. Johns River Water Management District, says that the agency “is currently evaluating how to address proposed rules or rule changes that are currently in the rulemaking process,” but has no real specifics beyond that: “The District will follow the guidelines provided by the Legislature and remains committed to maximizing water conservation.” #
